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SPCC Overview

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Outline

1. Background 2. SPCC Applicability3. Written SPCC Plan Requirements4. Implementation of SPCC Requirements

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USEPA Office of Emergency Management: Oil Pollution Prevention

Prevention– SPCC

Preparedness– Facility Response Plans (FRP)– Area Contingency Plans

Response– National Contingency Plan– Local, State, Federal (EPA & USCG),

Responsible Party

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USEPA - Region 4 Emergency Response Program

Cadre of 30 Federal On-Scene Coordinators (OSCs)– Based in Atlanta, GA. Outpost locations in Mobile, AL,

Tallahassee, FL, Louisville, KY, Raleigh, NC, Jackson, TN 24/7 On-Call Status Respond to releases of hazardous substances and oil

spills; All environmental hazards response (air, water, land,); Federal disaster and WMD/CT response capability; Planning and Preparedness (Drills) Oil Pollution Prevention (SPCC and FRP

Inspections)

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Oil Pollution Prevention Regulations – SPCC Rule – 40 CFR 112

Spill, Prevention, Control, and Countermeasure (SPCC) regulation (40 CFR 112) requires the preparation and implementation of site-specific plans to prevent oil discharges that could affect navigable waters

Authority: Clean Water Act (CWA) § 311(j)(1)(C) and 501 and codified under 40 CFR Part 112

EPA’s Office of Emergency Management administers the Rule

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Oil Pollution Prevention Regulations –FRP Rule - 40 CFR 112.20

Facility Response Plan (FRP) regulations require certain facilities to prepare and submit to EPA plans to respond to discharges of various sizes– Only applies to a subset of SPCC regulated facilities

Basis: 1990 OPA amendments to CWA Authority: CWA §§ 311(j)(5) and 501, and

codified under 40 CFR §§112.20-112.21

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Purpose SPCC - (40 CFR Part 112)

To prevent oil discharges from reaching the navigable waters of the U.S. or adjoining shorelines;

To ensure effective and proactive measures are used in response to an oil spill;

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Purpose of SPCC?

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History of Oil Pollution Prevention Regulations

1972 Federal Water Pollution Control Act Amendments1974 Original SPCC Rule Published1988 Ashland Oil Spill – SPCC Task Force Formed1989 Exxon Valdez Spill in Alaska1991/93 Proposed SPCC Rule Revisions1994 Final Facility Response Plan (FRP) Rule published2001 Draft Final SPCC Rule Revisions2002 Final “Revised” SPCC Rule published 7/17/022004 SPCC litigation settlement2006 SPCC Rule Amendments published 12/26/062008 SPCC Rule Amendments published 12/5/082009 12/5/08 SPCC Rule amendments delayed2009 SPCC Rule Amendments published 11/5/092010 Compliance Date Extension issued on 10/7/10 (except for

FRPs)2011 Compliance Date Extension for FARMs published on 10/18/11

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Applicability of SPCC

General SPCC Rule ApplicabilityThe SPCC rule applies to a facility that meets the following criteria: Drills, produces, gathers, stores, processes, refines, transfers, distributes, uses, or consumes

oil and oil products; and

Is non-transportation-related; and

Due to location, could reasonably be expected to discharge oil in quantities that may be harmful into or upon the navigable waters of the U.S. or adjoining shorelines; and

Meets capacity thresholds• Aboveground storage > 1,320 gallons; or• Completely buried storage > 42,000 gallons*

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(*Note: many USTs are exempt from the SPCC Rule)

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Definition of Definition of ““FacilityFacility”” – (– (§ 112.2)112.2)

Facility means any mobile or fixed, onshore or offshore building, property, parcel,

lease, structure, installation, equipment, pipe, or pipeline (other than a vessel or a

public vessel) used in oil well drilling operations, oil production, oil refining, oil storage,

oil gathering, oil processing, oil transfer, oil distribution, and oil waste treatment, or in

which oil is used, as described in Appendix A to this part. The boundaries of a facility

depend on several site-specific factors, including but not limited to, the ownership or

operation of buildings, structures, and equipment on the same site and types of

activity at the site. Contiguous or non-contiguous buildings, properties, parcels,

leases, structures, installations, pipes, or pipelines under the ownership or

operation of the same person may be considered separate facilities. Only this

definition governs whether a facility is subject to this part.

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Oil (§ 112.2)

Includes oil of any kind or in any form such as:– Petroleum and fuel oils– Mineral oils– Sludge– Synthetic oils– Oil mixed with wastes other than dredged spoil– Animal fats, oils, and greases– Vegetable oils

Note: E85, and Bio-Diesel are oils for SPCC purposes.Denatured ethanol (if denaturant is an oil) is also.

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Natural Gas Natural gas (including liquid natural gas and liquid petroleum gas) is

not considered an oil

Hazardous Substances and Hazardous Waste

Hazardous substances that are oils, or mixed with oils, are subject to SPCC rule requirements

– Containers storing these substances may also be covered by RCRA and CERCLA

Tanks containing RCRA hazardous wastes are not subject to the UST rules, and therefore are not exempt under §112.1(d)(2)(i) or (4) if they contain oil

Hazardous substances that are not oils nor mixed with oils are not subject to SPCC rule requirements

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Storage Capacity Calculation

Included in storage capacity Excluded from storage capacity

*Containers (i.e. bulk storage containers, oil-filled equipment,

mobile/portable containers) with a capacity of 55 gallons or greater.

*Completely buried tanks and associated underground piping, & ancillary equipment, subject to all technical requirements of 40 CFR part 280 or 281

*Containers used exclusively for wastewater treatment

*Motive power containers

*Hot mix asphalt containers

*Pesticide application equipment and containers

*Heating oil containers at single family residences

*USTs deferred under 40 CFR 280 and vaulted tanks at nuclear power facilities

*Capacity of containers that are permanently closed.

Meets capacity thresholds55

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Navigable waters

Navigable Waterways could include: Traditional navigable waters

– Rivers– Lakes

Tributaries of navigable waters– Creeks & Streams– Wetlands

Also consider conduits to navigable waters Storm drains, storm sewers Ditches Wetlands

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Service Station

Dispenser Island

ASTs

Street

Restaurant

Overland Path of Oil Spill

Storm Drain – connectsTo Storm Drain at Street

Truck Transfer Area

Unnamed Tributary (Fish Kill)

Current Compliance Dates

A facility starting operation… Would…

On or before 8/16/02 Maintain existing Plan.Amend and implement Plan no later than 11/10/2011 *

After 8/16/02 through 11/10/2011*

Prepare and implement Plan no later than 11/10/2011*.

After 11/10/2011*(excluding production facilities)

Prepare and implement Plan before beginning operations.

After 11/10/2011*(production facilities)

Prepare and implement Plan within 6-months after beginning operations

*Note: For FRP facilities and for off-shore drilling, production, & workover SPCC facilities, the compliance date was 11/10/2010.

Extends the dates by which a facility must amend and implement its SPCC Plan in accordance with revisions to the rule promulgated since 2002

Farm Compliance Dates

A farm starting operation… Would…

On or before 8/16/02 Maintain existing Plan.Amend and implement Plan no later than 5/10/2013

After 8/16/02 Through 5/10/2013

Prepare and implement Plan no later than 5/10/2013

After 5/10/2013 Prepare and implement Plan before beginning operations.

Extends the dates by which a FARM must amend and implement its SPCC Plan in accordance with revisions to the rule promulgated since 2002

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Requirements for Preparation of SPCC Plans

§112.1 General applicability of the rule§112.2 Definitions of terms used in the rule§112.3 Requirement to prepare an SPCC Plan§112.4 Amendment of SPCC Plan by RA§112.5 Amendment of SPCC Plan by owner or operator§112.6 Qualified Facilities §112.7 General requirements for all facilities§112.8 Specific requirements for onshore facilities (excluding

production facilities)§112.9 Specific requirements for onshore production facilities§112.10 Specific requirements for onshore oil drilling and

workover facilities§112.11 Specific requirements for offshore oil drilling, production,

or workover facilities§112.20 Facility Response Plans§112.21 Facility Response training and drills/ exercises

40 CFR 112 Structure

Overview of information required to be in your written SPCC Plan

PE certification of Plan (112.3(d)– May self-certify Plan if store 10,000 gallons or less (112.6)

Management review of Plan (112.5(b) Include amendments to Plan (112.5) Management approval of Plan (112.7) List all containers including oil type and volume (112.7(a)(3) Site diagram (112.7(a)(3) Analysis of spill volumes, rates, pathways/directions (112.7(b) Discuss containment methods for: tanker truck

loading/unloading areas, piping, & oil filled equipment (112.7(c)– If utilized, discuss monitoring method for oil filled op equip (112.7(k)

Discuss impracticability determinations (if any) (112.7(d)

Overview of information required to be in your written SPCC Plan cont’d

Discuss inspection methods and procedures (112.7(e),112.8(c)(6)/(d)4)

Discuss training (112.7(f)

Discuss security (112.7(g)

Discuss truck/railcar loading/unloading rack areas (112.7(h)

Discuss secondary containment systems for tanks (112.8(c)(2)

Discuss liquid level sensors on tanks (112.8(c)(8)

Discuss procedures for the drainage of rainwater from containment structures (112.8(b) & 112.8(c)(3)

Discuss piping/transfer operational requirements (112.8(d)

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Amendments to SPCC Plan (§112.5)

SPCC Plan must be amended within 6-months of any change in facility design or construction which affects the facility’s potential to discharge oil.

Technical Amendments MUST be certified by a PE

{Qualified facilities may self-certify any amendments} Amendments must be implemented within 6-months

of plan change

If the facility has… And… And the facility has… Then:

10,000 U.S. gallons or less aggregate aboveground oil storage capacity;

Within any twelve-month period, three years prior to the Plan certification date, or since becoming subject to the SPCC rule if in operation for less than three years, there has been:(1) No single discharge of oil to navigable waters or adjoining shorelines exceeding 1,000 U.S. gallons; and(2) No two discharges of oil to navigable waters or adjoining shorelines each exceeding 42 U.S. gallons in any 12 -month period

No individual aboveground oil containers greater than 5,000 U.S. gallons;

Tier I: Complete and self-certify Plan template (Appendix G to 40 CFR part 112) in lieu of a full PE-certified Plan.

Any individual aboveground oil container greater than 5,000 U.S. gallons;

Tier II: Prepare self-certified Plan in accordance with all applicable requirements of §112.7 and subparts B and C of the rule, in lieu of a PE-certified Plan.

Qualified Facilities – (§ 112.6) (optional)

SPCC Plans

No requirement to submit SPCC Plans to EPA EPA does not formally “approve” or

disapprove SPCC Plans Plan is required upon inspection during regular

workday

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Last Word on your Written SPCC Plan

Include discussions on each section and subsection of the regulation in your Plan.

Include site specific details!

– Regurgitating the regulation is not adequate

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Implementation of SPCC Requirements

Implementation Requirements Amend SPCC Plan as needed – 112.5(a & c) Review SPCC Plan at least once every 5 years – 112.5(b) Secondary containment for loading/unloading areas – 112.7(c) Secondary containment for piping – 112.7(c) Secondary containment for oil filled operational equipment – 112.7(c)

– Monitoring program option for such equipment – 112.7(k)

Maintain records of inspections and tests for 3-years – 112.7(e) Train oil-handling personnel on SPCC -- 112.7(f) Conduct spill prevention briefings annually – 112.7(f) Secure facility – 112.7(g) Secondary containment for truck/railcar loading racks – 112.7(h) Secondary containment for bulk storage containers – 112.8(c)(2)

– Containment for bulk storage containers must be sufficiently impervious

Implementation Requirements

Control dike drainage; keep dike valves closed; inspect rainwater before drainage event; keep records of drain events - 112.8(c)(3)

Test or inspect bulk storage containers – 112.8(c)(6) Provide liquid level sensors, alarms, gauges, devices to

prevent tank overflows – 112.8(c)(8) Correct leaks/drips from tanks, piping, valves; cleanup

accumulations of oil in diked areas – 112.8(c)(10) Protect buried piping; provide proper pipe supports;

Inspect piping and valves; mechanisms to protect aboveground piping from vehicles – 112.8(d)

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Secondary Containment Requirements-(Two types of containment)

General Provision – (§ 112.7(c): addresses the potential for oil discharges from any area within a regulated facility

– In determining the method, design, and capacity for secondary containment, you need only to address the typical failure mode, and the most likely quantity of oil that would be discharged

– Containment may be either active or passive in design

Specific Provisions – (§ 112.8(c)(2), § 112.8(c)(11), § 112.7(h)): addresses the potential of oil discharges from specific parts of a facility where oil is stored or handled

– Containment design, sizing, and freeboard requirements are specified by the SPCC rule to address a major container failure

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Example Methods of Secondary Containment

These are examples only.

– Dikes, berms, or retaining walls

– Curbing– Culverting, gutters,

or other drainage systems

– Weirs– Booms

– Barriers– Spill diversion ponds

and retention ponds– Sorbent materials– Drip pans– Sumps and collection

systems

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General Secondary Containment Requirement (§ 112.7(c))

Requires secondary containment for any area within a facility where a discharge may occur:– such areas can include:

Oil filled equipment (operating, manufacturing)Truck and railcar Loading/Unloading areas

(non-rack transfer areas)Piping

Intended to address the most likely discharge in these areas

Allows for active and passive containment measures

Active Containment Measures

Active containment measures require deployment or other specific action by the owner or operator

May be appropriate for certain discharges if it:– Can contain the volume and rate of oil– Is deployed in a timely manner– Is properly constructed

Can be RISKY !!!!! ARE NOT ALLOWED FOR BULK STORAGE

TANKS

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Specific Secondary Containment Requirements

Areas where certain types of containers, activities, or equipment are located that are subject to more stringent containment requirements

Specific minimum size requirement for secondary containment for the following areas:

– Bulk storage containers – § 112.8(c)(2)– Loading/unloading racks – § 112.7(h)(1)– Mobile or portable bulk storage containers – § 112.8(c)(11)– Production facility bulk storage containers – § 112.9(c),

(includes tank batteries, separation, and treating vessels/equipment)

Type of Facility Secondary Containment Rule Section(s)

ALL FACILITIES General containment (areas with potential for discharge:piping, oil-filled operating and manufacturing equipment, non-rack related transfer areas, mobile refuelers):

Loading/unloading racks:

OPTION: Oil-filled equipment:

112.7(c)

112.7(h)(1)

112.7(k)

Onshore Storage Bulk storage containers:

Mobile or portable oil containers:

112.8(c)(2)/112.12(c)(2)

112.8(c)(11)/112.12(c)(11)

Onshore Production Bulk storage containers, including tank batteries, separation, and treating facility installations: OPTION: Flow-through process vessels:

OPTION: Produced water containers:

112.9(c)(2)

112.9(c)(5)

112.9(c)(6)

Onshore Oil Drilling and Workover

Mobile drilling or workover equipment: 112.10(c)

Offshore Oil Drilling Production and Workover

Oil drilling, production, or workover equipment: 112.7(c)

Secondary Containment Provisions

If the facility… And the equipment…

Then the owner/operator of the facility…

…has oil-filled operational equipment

…meets the oil discharge history criteria described below

…may implement an inspection and monitoring program, develop an oil spill contingency plan, and provide a written commitment of resources to control and remove oil discharged, for qualified equipment in lieu of secondary containment for the oil-filled operational equipment

…does not need to make an impracticability determination for each piece of equipment

§ 112.7(k)(1)- To use this alternative, a facility’s oil-filled operational equipment must meet requirements for its reportable discharge history. The facility’s oil-filled operational equipment must not have had (1) a single discharge of oil to navigable waters exceeding 1,000 U.S. gallons or (2) two discharges of oil to navigable waters each exceeding 42 U.S. gallons within any twelve-month period, in the three years prior to the SPCC Plan certification date, or since becoming subject to 40 CFR part 112 if operating for less than three years.

Oil-filled Operational Equipment Option – (§ 112.7(k)

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Bulk Storage Containers

Must follow specific requirements as described under § 112.8(c) for bulk storage containers

Oil-filled operating or manufacturing equipment are not bulk storage containers

Field Erected Tank Shop-Built Tank

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Secondary Containment for Bulk Storage Containers: (§ 112.8(c)(2))

1. Provide secondary containment for entire capacity of largest single container and sufficient freeboard for precipitation

2. Ensure diked areas are sufficiently impervious to contain discharged oil

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Sufficiently impervious?

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Mobile/Portable Containers – § 112.8(c)(11)(55-gallon drums, totes, skid tanks)

Mobile/portable containers require secondary containment (§ 112.8(c)(11)

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Stormwater Drainage (§ 112.8(c)(3))

Drainage of rainwater from diked areas can bypass in-plant treatment if:– Bypass valve is normally sealed closed!!– Inspection of runoff rainwater ensures no sheen– Bypass valve is opened and resealed following drainage

under responsible supervision– Adequate records are kept of such events

Records for NPDES permits are sufficient for recording stormwater bypass events

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Inspection and Testing of Bulk Storage Containers (§ 112.8(c)(6))

Test or inspect each aboveground bulk storage container for integrity on a regular schedule and whenever material repairs are made

– Determine, in accordance with industry standards (e.g., API, STI, UL), the appropriate qualifications of personnel performing tests and inspections and the frequency and type of testing and inspections, which take into account container size, configuration, and design

Allows integrity testing requirements that are outlined in industry standards in lieu of integrity testing without the need for environmental equivalence determinations certified by a PE.

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Overfill sensing devices for Bulk Storage Tanks – (§ 112.8(c)(8)(i to v))

One of the following devices must be provided:– High level alarms– High liquid level pump cutoff devices– Direct audible or code signal communications– Fast response system for determining liquid levels of

tanks: digital, computers, telepulse, direct vision gauges

Must regularly test liquid level sensing devices

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Correction of Discharges and Clean-up of Oil Accumulations – (§ 112.8(c)(10)

Promptly correct visual discharges resulting in a loss of oil from containers, seams, gaskets, piping, pumps, valves, etc

Promptly remove any accumulations of oil

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Loading/unloading rack means a fixed structure (such as a platform,

gangway) necessary for loading or unloading a tank truck or tank car,

which is located at a facility subject to the requirements of this part. A

loading/unloading rack includes a loading or unloading arm, and may

include any combination of the following: piping assemblages, valves,

pumps, shut-off devices, overfill sensors, or personnel safety devices.

Definition of Loading/Unloading Rack

Provide general secondary containment per § 112.7(c)– Design containment methods to contain the most likely discharge in these areas

Provide buried piping with coating/wrapping and cathodic protection Provide proper pipe supports Inspect aboveground piping for leaks, corrosion Cap or blank flange the terminal connections Warn vehicular traffic of aboveground piping

Piping Requirements – § 112.7(c) and § 112.8(d)

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Loading Rack vs Loading/Unloading Area Clarifications

The loading/unloading rack provisions of § 112.7(h) only apply in instances where a rack structure is present

Loading/unloading areas utilizing a single hose and connection or standpipe are not considered “racks” --- these are loading/unloading areas (non-rack transfer areas)

Loading/unloading areas require a containment method per § 112.7(c)

– Base containment method and volume on good engineering practice

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Tank Car/Tank Truck Loading/Unloading Rack Requirements - (§ 112.7(h))

Tank car and tank truck loading/unloading racks require secondary containment to handle a spill from the single largest compartment of a tank car or tank truck loaded or unloaded at the facility

System to prevent vehicle departure before disconnection

Inspect vehicle drain outlets before departure

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Loading Rack

74LOADING RACK

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Loading/Unloading Area

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Security Requirements (§ 112.7(g))

– Performance-based – Tailored to the facility’s specific characteristics and location

A facility owner/operator is required to describe in the SPCC Plan how facility will:

– Secure and control access to all oil handling, processing and storage areas;

– Secure master flow and drain valves;– Prevent unauthorized access to starter controls on oil pumps;– Secure out-of-service and loading/unloading connections of oil

pipelines; and– Address the appropriateness of security lighting to both prevent

acts of vandalism and assist in the discovery of oil discharges.

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SPCC Spill Reporting

If your SPCC facility has a discharge above the thresholds in §112.4, the Rule requires the submission of additional reporting information to EPA

Reporting information must be submitted within 60-days of spill

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For Additional Information

Ted Walden EPA R4 404-562-8752

walden.ted@epa.gov Steve Spurlin 731-394-8996

Spurlin.Steve@epa.gov www.epa.gov/oilspill National SPCC/RCRA Hotline

1-800-424-9346

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